The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1887-06-16

TluSeS, eUc., TO deta1n them until furthC
orders. The Collectors orders were pos
tive. There was no intimation what "tu
Their orders" meant. 1t was not elaine
that the goods were contraband. Witnes
opened all the boxes he could, detainin
all until he knew the contents. Cases tina
had firearms in them he put a mark o
and laid them aside.
Mr.. Rosa-Since you have been in tn
office have you had occasion to report an
goods incorrectly entered?
Mr.. Kinney objected to this question
contending that its scope should be con
fined to goods by that steamer or goods o
WAREHOUSES;.
Mr.. Rosa-Considerabl has been saiC
about other peoples goods, and witness
has testified that the order was general.
Mr.. Kinney did not question the right o
the Customs to search for goods improp
erly entered, but he objected to Mr.. Rosi
going into the whole history of the matter
Mr.. Rosa said he merely wished to as
certain whether witness knew of goods
wrongly entered.
Mr.. Klnney-In the history of the
world?
Mr.. ROsa-My object Is to show what
| brought about this strict search.
| Witness said he had found some things
! just before the arrival of the steamer which
had been. wrongly entered, and was about
to give particulars when Mr.. Kinney inter
posed an objection to people being accused
of wrong entries when they were not pres
| ent.
In answer to a question from the Bench
| witness stated that the cartridges were
landed at 4 p. m. on Tuesday, 31st ult,
and the rifles the following Friday
George Markham, Port Surveyor, said
he had been in the Office three years. Was
there on the 31st May and LIST June. Knew
the goods in question and refused to de-
liver them, having authority to detain
them from the Collector General. Was
served with the summons on June 1st
The cartridges were out, but the rifles were
on board the steamer. They made the
search because the orders of the Collector
General were to detain all firearms, ammu-
milton, opium and contraband goods, also
spirits.
Cross-examined by Mr.. Kinney
Searched Warehouses; cases for the same
reason that he searched other cases. He
did not refuse to deliver the case of cart
ridges; he delivered it to the Marshal.
Did not see any letter from the Minister of
Finance. Witness detained firearms and
other things because he was instructed to
do so until further orders from the Col
Iector General.
His Excellency Paul P. Kanoa was next
called to the stand as a witness for plain
tiff, and was asked by Mr.. Kinney, "Were
not written instructions issued from your
office in reference to firearms and amrau-
milton coming into the country"
MIR. Rosa objected holding that the Col
lector General should be called, not the
Minister of Finance.
Plaintiffs counsel then called G. E.
Boardman as a witness, to produce certain
letters said to be official communications,
from the Finance Department to the Col
lector Generals Office, by way of rebutting
the evidence of Markham and GilflIan.
The Attorney General failed to see how
these letters could contradict these two
men.
His Honor could not see either.
Mr.. Kinney argued that these letters
would be rebutting evidence. He main
tanned that the arms were detained under
special instructions.
The Attorney General said that the let
tiers should be put in in another way. If
Mr.. Cleghorn were produced and stated
that the instructions were different, then
they could put in the letters.
His Honor did not see how they could
fl1o IF 70 ahIIt
what these men said, nor could he see how
these letters could rebut their testimony.
Mr. Kinney noted an exception to the
ruling of the Court on this point, and APP
piled for leave (Which was granted) to issue
a subpoena for the Hon. A. S. Cleghorn.
The case was then adjourned.
The hearing was resumed on Wednes-
day, June 18th, when
Hon. A. S. Cleghorn, Collector General
of Customs, was called as witness by
plaintiffs counsel. He stated that he held
that Office at the time of the last arrival of
the steamship Australia and did still.
When he took office in May last he in
structed the Custom House guards to be
more particular than they had been; to
thoroughly examine goods coming in, and
if they found any cases of guns, to keep
them pending his instructions He had
received instructions to that effect from
the Finance Department (produced).
After taking office witness went person
ally to several merchants in the city and
informed them that after July 1st any
packages arriving, the numbers, ETC., of
which did not correspond with those on
the invoice would be detained. Up to the
time of the arrival of the Australia he did
not know anything about a letter from the
Finance Department, in which firearms
and ammunition were specifically men
toned.
Mr.. Kinney sought to adduce this letter
as evidence, but the Attorney General OBJ
iected on the ground that it was not re-
buttal.
Witness, continuing, said that his in
structions to his subOrdinates were to re-
port to him any contraband goods or fire.
arms which they might find, and hold
them pending his instructions. He went
home before any report was made.
NJ R{DpaX aSked-DO Won know nv